Coker v. Shropshire
Supreme Court of Alabama
Appeal from tlie Chancery Court of Cherokee. Heard before the Hon. N. S. Geaiiam. On the 15th day of February, 1859, one Andrew Poore was appointed guardian of the estates and persons of two minors, named, respectively, William H. Shropshire and John B. Shropshire. On the same day he executed a bond to the judge of probate of Cherokee county in the sum of six thousand dollars, conditioned for the faithful performance of the duties required of him by law as such guardian.
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Appeal from tlie Chancery Court of Cherokee. Heard before the Hon. N. S. Geaiiam. On the 15th day of February, 1859, one Andrew Poore was appointed guardian of the estates and persons of two minors, named, respectively, William H. Shropshire and John B. Shropshire. On the same day he executed a bond to the judge of probate of Cherokee county in the sum of six thousand dollars, conditioned for the faithful performance of the duties required of him by law as such guardian. This bond was also signed by David C. Daniel, Lewis Cunningham and Joseph L. Cunningham, as his sureties. “ Afterwards, on…
1Opinion of the Court
BRICKELL, C. J.—
The precise theory on which the bill is filed, it is difficult to determine. It may have been intended as a bill by a creditor seeking in equity to marshal the assets of a deceased debtor, and to subject lands he had aliened in fraud of creditors, and this in some of its aspects seems to have been the view of the pleader. Or, it may be that it was intended as a biil by an alienee of a mortgagor to redeem, seeking from the mortgagor an account of rents and profits, and of property embraced in the mortgage which he had converted and should be required to apply in extinguishment…
2Cases cited4 opinions
- Reynolds v. CrookSupreme Court of Alabama · 1858
- Perkins v. MayfieldSupreme Court of Alabama · 1837
- Hawkins v. MaySupreme Court of Alabama · 1847
- Frow v. SmithSupreme Court of Alabama · 1846
3Cited by4 opinions
- Carter v. Tanners Leather Co.Massachusetts Supreme Judicial Court · 1907
- Daniel v. CokerSupreme Court of Alabama · 1881
- Bramlett v. KyleSupreme Court of Alabama · 1910
- Bank of Luverne v. TurkSupreme Court of Alabama · 1930